超星尔雅学习通《私法英语表达》章节测试答案

1、超星尔雅学习通私法英语表达章节测试答案法律体系1、【单选题】The contemporary legal systems of the world are generally based on one of four basic systems (A ), common law, statutory law, religious law or combinations of these.A、civil lawB、common lawC、economic lawD、penal law2、【单选题】( B) are systems of law whose sources are the deci

2、sion in cases by judges.A、civil lawB、common lawC、economic lawD、penal law3、【单选题】Alongside, every system will have a ( ) that passes new laws and statute.(C)A、administrationB、law enforcement agencyC、legislatureD、court4、【单选题】The phrase ( A) means "law that prescribes the procedures and methods for

3、 enforcing rights and duties and for obtaining redress".A、procedural lawB、civil lawC、common lawD、substantive law5、【单选题】The word ( B) means "to institute and carry forward legal action against for redress or especially punishment of a crime".A、legislatureB、prosecuteC、precedentD、code6、【

4、单选题】The word ( ) means "a judicial decision that should be followed by a judge when deciding a later similar case".A、prosecuteB、provisionC、precedentD、statute7、【单选题】The phrase ( ) means "law that creates or defines rights, duties, obligations, and causes of action that can be enforced

5、by law".A、procedural lawB、civil lawC、common lawD、substantive law8、【单选题】The word ( C) means "a body of persons having the power to legislate".A、precedentB、provisionC、legislatureD、statute9、【单选题】The word (A ) means "a stipulation made as a clause in a statute or contract made before

6、hand".A、provisionB、codeC、prosecuteD、legislature10、【单选题】The word ( D) means "a systematic compilation or revision of law or legal principles that is arranged especially by subject ".A、legislatureB、prosecuteC、statuteD、code11、【单选题】The word (C ) means "a law enacted by the legislativ

7、e branch of a government".A、prosecuteB、precedentC、statuteD、code法律职业者1、【单选题】The word ( ) means "a person authorized to act on anothers behalf; especially lawyer".A、advocacyB、plaintiffC、attorneyD、defendant2、【单选题】The phrase ( A) means "a body of laws and legal concepts which come do

8、wn from old Roman laws established by Emperor Justinian".A、civil lawB、common lawC、economic lawD、penal law3、【单选题】The word (C ) means "the party who initiates a lawsuit by filing a complaint with the clerk of the court against the defendant(s) demanding damages, performance and/or court dete

9、rmination of rights".A、draftB、advocacyC、plaintiffD、defendant4、【单选题】The word (D ) means "the party sued in a civil lawsuit or the party charged with a crime in a criminal prosecution; in some types of cases (such as divorce) a defendant may be called a respondent".A、attorneyB、allegatio

10、nC、plaintiffD、defendant5、【单选题】The word ( D) means "to prepare and sign a bill of exchange or check".A、plaintiffB、defendantC、allegationD、draft6、【单选题】The word ( A) means "the final decision by a court in a lawsuit, criminal prosecution or appeal from a lower court's judgment".A

11、、judgmentB、advocacyC、draftD、defendant7、【单选题】The word ( ) means "statement in a pleading".A、defendantB、allegationC、plaintiffD、advocacy8、【单选题】The word ( B) means "the profession or work of an advocate; the action of advocating, pleading for, or supporting a cause or proposal".A、all

12、egationB、advocacyC、attorneyD、draft9、【单选题】Lawyers in the United Kingdom ( ) generally practice as solicitors in private firms, as legal advisers in corporations, government departments, and advice agencies, or as barristers.A、juryB、tribunalC、inquisitorial systemD、jurisdictions10、【单选题】(C ) mostly spec

13、ialise in courtroom advocacy and litigation.A、lawyersB、solicitorsC、barristersD、judge11、【单选题】Barristers' tasks include taking cases in superior courts and (B ), drafting legal pleadings, researching the philosophy, hypothesis and history of law, and giving expert legal opinions.A、juryB、tribunalC、

14、inquisitorial systemD、jurisdictions12、【单选题】A (B ) is a legal practitioner who traditionally deals with most of the legal matters in some jurisdictions.A、lawyersB、solicitorsC、barristersD、judge13、【单选题】A (D ) presides over court proceedings, either alone or as a part of a panel of judges.A、lawyersB、sol

15、icitorsC、barristersD、judge14、【单选题】In some jurisdictions, the judge's powers may be shared with a ( D).A、lawyersB、solicitorsC、barristersD、jury15、【单选题】In ( C) of criminal investigation, a judge might also be an examining magistrate.A、religious systemB、pluralistic systemsC、inquisitorial systemD、jus

16、tice system侵权法1、【单选题】The word ( A) means "from French for 'wrong', a civil wrong or wrongful act, whether intentional or accidental, from which injury occurs to another".A、tortB、terminateC、remedyD、defamation2、【单选题】The word ( ) means "failure to exercise the care toward others

17、which a reasonable or prudent person would do in the circumstances, or taking action which such a reasonable person would not".A、defamationB、tortfeasorC、terminateD、negligence3、【单选题】The word ( ) means "the means to achieve justice in any matter in which legal rights are involved".A、ter

18、minateB、tortC、remedyD、defamation4、【单选题】The word ( A) means "the act of making untrue statements about another which damages his/her reputation".A、defamationB、tortfeasorC、trespassD、terminate5、【单选题】The word (D ) means "to come to an end in time or effect ".A、trespassB、tortfeasorC、d

19、efamationD、terminate6、【单选题】The word ( C) means "a person who commits a tort (civil wrong), either intentionally or through negligence".A、remedyB、terminateC、tortfeasorD、defamation7、【单选题】The word ( ) means "entering another person's property without permission of the owner or his/he

20、r agent and without lawful authority (like that given to a health inspector) and causing any damage, no matter how slight".A、defamationB、trespassC、tortD、negligence8、【单选题】A tort, in common law jurisdictions, is a civil wrong that unfairly causes someone else to suffer loss or harm resulting in l

21、egal liability for the person who commits the tortious act, called a (D ).A、liableB、plaintiffC、intentionalD、tortfeasor9、【单选题】The (A ) of the harm can recover their loss as damages in a lawsuit.A、victimB、injuriesC、liableD、acquitted10、【单选题】In order to prevail, the ( ) in the lawsuit, commonly referred

22、 to as the injured party, must show that the actions or lack of action was the legally recognizable cause of the harm.A、acquittedB、plaintiffC、tortfeasorD、physical11、【单选题】Legal injuries are not limited to ( ) and may include emotional, economic, or reputational injuries as well as violations of priva

23、cy, property, or constitutional rights.A、plaintiffB、acquittedC、physicalD、liable12、【单选题】While many torts are the result of negligence, tort law also recognizes (C ) torts, where a person has intentionally acted in a way that harms another, and in a few cases (particularly for product liability in the

24、 United States) "strict liability" which allows recovery without the need to demonstrate negligence.A、plaintiffB、recoveryC、intentionalD、acquitted13、【单选题】Sometimes a plaintiff may prevail in a tort case even if the person who allegedly caused harm was ( ) in an earlier criminal trial.A、inju

25、riesB、tortfeasorC、plaintiffD、acquitted14、【单选题】For example, O. J. Simpson was acquitted in criminal court of murder but later found (liable) for the tort of wrongful death.A、liableB、liableC、recoveryD、physical公司法1、【单选题】The word  ( A) means "a person (or a business like a bank or stock b

26、rokerage) who has the power and obligation to act for another (often called the beneficiary) under circumstances which require total trust, good faith and honesty".A、fiduciaryB、bankruptcyC、directorD、insolvency2、【单选题】The word (B ) means "ending of a partnership relationship caused by the wi

27、thdrawal of one of the partners from the relationship".A、cquisitionB、dissolveC、fiduciaryD、acquitted3、【单选题】The word ( ) means "a member of the governing board of a corporation or association elected or re-elected at annual meetings of the shareholders or members".A、fiduciaryB、liableC、d

28、irectorD、insolvency4、【单选题】The word ( C) means "the condition of having more debts (liabilities) than total assets which might be available to pay them, even if the assets were mortgaged or sold".A、plaintiffB、directorC、insolvencyD、injuries5、【单选题】The word (D ) means "to determine the li

29、abilities and apportion the assets of especially in bankruptcy or dissolution".A、cquisitionB、takeoverC、mergerD、liquidate6、【单选题】The word ( ) means "the acquisition of control or possession (as of a corporation)".A、cquisitionB、takeoverC、liquidateD、merger7、【单选题】The  phrase (C )

30、 means "to bring to an end by taking care of unfinished business ".A、pluralistic systemsB、common lawC、wind upD、take over8、【单选题】The word (D ) means "the administration of an insolvent debtors property by the court for the benefit of the debtors creditors".A、insolvencyB、liquidateC、

31、fiduciaryD、bankruptcy9、【单选题】The word (A ) means "the joining together of two corporations in which one corporation transfers all of its assets to the other, which continues to exist. In effect one corporation "swallows" the other, but the shareholders of the swallowed company receive

32、shares of the surviving corporation".A、mergerB、directorC、cquisitionD、takeover10、【单选题】The word ( ) means "the obtaining of controlling interest in a company".A、directorB、acquisitionC、mergerD、bankruptcy11、【单选题】English law recognised long ago that a corporation would have "( C)"

33、;.A、voting rightsB、common lawC、legal personalityD、religious system12、【单选题】Corporate governance in the UK mediates the rights and duties among (A ), employees, creditors and directors.A、shareholdersB、tortfeasorC、plaintiffD、victim13、【单选题】Since the board of directors habitually possesses the power to m

34、anage the business under a ( ).A、pluralistic systemsB、legal personalityC、religious systemD、company constitution14、【单选题】UK law is "shareholder friendly" in that shareholders, to the exclusion of employees, typically exercise sole ( ) in the general meeting.A、pluralistic systemsB、voting righ

35、tsC、religious systemD、company constitution15、【单选题】Directors must carry out their responsibilities with competence, in ( ) and undivided loyalty to the enterprise.A、common lawB、voting rightsC、good faithD、wind up16、【单选题】If the mechanisms of voting do not prove enough, particularly for minority shareho

36、lders, directors' duties and other member rights may be ( A) in court.A、vindicatedB、plaintiffC、takeoverD、insolvency17、【单选题】Shares can contain any rights the company and purchaser wish to contract for, but generally grant the right to participate in (A ) after a company earns profits and the righ

37、t to vote in company affairs.A、dividendsB、tortC、provisionD、prosecute合同法1、【单选题】The word ( ) means "in bankruptcy, to issue an order of the court that all debts (with certain statutory exceptions) are forgiven and need not be paid".A、cquisitionB、dischargeC、enforceableD、intention2、【单选题】The wo

38、rd (D ) means "to annul or cancel an act, particularly a statement, document or promise, as if it no longer existed.".A、recoveryB、voidC、intentionD、revoke3、【单选题】The word ( ) means "referring to a statute, contract, ruling or anything which is null and of no effect".A、duressB、fiduc

39、iaryC、prosecuteD、void4、【单选题】The word (A ) means "purpose or goal".A、intentionB、fiduciaryC、directorD、victim5、【单选题】The word (C ) means "to voluntarily agree to an act or proposal of another, which may range from contracts to sexual relations".A、provisionB、dischargeC、consentD、void6、

40、【单选题】The word (C ) means "being able to perform any gainful employment".A、voidB、consentC、capacityD、shareholders7、【单选题】The word ( ) means "the act of failing to perform one's agreement, breaking one's word, or otherwise actively violating one's duty to other".A、breachB

41、、bindingC、considerationD、mistake8、【单选题】The word ( B) means "a specific proposal to enter into an agreement with another. An offer is essential to the formation of an enforceable contract. An offer and acceptance of the offer creates the contract.".A、dissolveB、offerC、intentionD、liquidate9、【

42、单选题】The word ( B) means "imposing a legal obligation".A、voidB、bindingC、consentD、acceptance10、【单选题】The word ( A) means "receiving something from another with the intent to keep it, and showing that this was based on a previous agreement".A、acceptanceB、considerationC、intentionD、enf

43、orceable11、【单选题】A contract is a voluntary arrangement between two or more parties that is ( ) at law as a binding legal agreement.A、misrepresentationB、takeoverC、mistakeD、enforceable12、【单选题】Formation of a contract generally requires an ( ), offer, acceptance and a mutual intent to be bound.A、terminat

44、eB、considerationC、prosecuteD、plaintiff13、【单选题】Minors, intoxicated persons, and those under a mental affliction may have insufficient ( ) to enter a contract.A、capacityB、bankruptcyC、mistakeD、acquitted14、【单选题】Vitiating factors constituting defences to purported contract formation, for instance, (C ) m

45、eans a false statement of fact made by one party to another party and has the effect of inducing that party into the contract.A、dissolveB、enforceableC、misrepresentationD、consideration15、【单选题】A ( A) is an incorrect understanding by one or more parties to a contract and may be used as grounds to inval

46、idate the agreement.A、mistakeB、duressC、consentD、terminate16、【单选题】( C) has been defined as a "threat of harm made to compel a person to do something against his or her will or judgment; especially, a wrongful threat made by one person to compel a manifestation of seeming assent by another person

47、 to a transaction without real volition.A、provisionB、considerationC、duressD、binding知识产权法1、【单选题】Intellectual property (IP) refers to creations of the intellect for which a ( A) is assigned to designated owners by law.A、monopolyB、consentC、duressD、trademark2、【单选题】Intellectual property rights (IPRs) are

48、 the protections (C ) to the creators of IP, and include trademarks, copyright, patents, industrial design rights, and in some jurisdictions trade secrets.A、fiduciaryB、considerationC、grantedD、dissolve3、【单选题】A patent is a form of right granted by the government to an inventor, giving the owner the ri

49、ght to ( ) others from making, using, selling, offering to sell, and importing an invention for a limited period of time, in exchange for the public disclosure of the invention.A、provisionB、bindingC、infringementD、exclude4、【单选题】A ( ) gives the creator of an original work exclusive rights to it, usual

50、ly for a limited time.A、trademarkB、copyrightC、monopolyD、misrepresentation5、【单选题】A ( ) is a recognizable sign, design or expression which distinguishes products or services of a particular trader from the similar products or services of other traders.A、copyrightB、considerationC、trademarkD、bankruptcy6

51、、【单选题】" By exchanging limited exclusive rights for ( A) of inventions and creative works, society and the patentee/copyright owner mutually benefit, and an incentive is created for inventors and authors to create and disclose their work.A、disclosureB、trademarkC、shareholdersD、recovery7、【单选题】Viol

52、ation of intellectual property rights, called "( )" with respect to patents, copyright, and trademarks, and "misappropriation" with respect to trade secrets, may be a breach of civil law or  criminal law, depending on the type of intellectual property involved, jurisdic

53、tion, and the nature of the action.A、mistakeB、infringementC、plaintiffD、victim8、【单选题】The phrase ( ) means "rights of creators of copyrighted works generally recognized in civil law jurisdictions and, to a lesser extent, in some common law jurisdictions".A、good faithB、wind upC、moral rightD、p

54、ass off9、【单选题】The word ( ) means "exclusive control of a particular market that is marked by the power to control prices and exclude competition and that esp. is developed willfully rather than as the result of superior products or skill".A、duressB、monopolyC、voidD、patent10、【单选题】The word (

55、) means "the right to exclude others from making, using, or selling an invention or products made by an invented process that is granted to an inventor and his or her heirs or assigns for a term of years".A、consentB、capacityC、statuteD、patent11、【单选题】The word ( A) means "to permit as a right or privilege".A、grantB、infringeC、infringementD、enforceable12、【单选题】The word (B ) means "a law enacted by the